A BILL to amend and reenact section twenty-five, article thirteen-
a, chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to requiring
public service districts to obtain the consent of the public
service commission prior to taking certain actions; requiring
the commission to act on a request for approval of a contract
for the provision of engineering, design or feasibility
studies within a certain period of time; providing that
requests not acted upon within that time frame are considered
approved; requirements for certificates of public necessity;
legal advertisements; and approval or disapproval of
commission.

Be it enacted by the Legislature of West Virginia:
That section twenty-five, article thirteen-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:ARTICLE 13A. PUBLIC SERVICE DISTRICTS FOR WATER, SEWERAGE AND GAS
SERVICES.

§16-13A-25. Borrowing and bond issuance; procedure.

(a) Notwithstanding any other provisions of this article to
the contrary, a public service district shall not borrow money,
enter into contracts for the provision of engineering, design or
feasibility studies, issue or contract to issue revenue bonds or
exercise any of the powers conferred by the provisions of section
thirteen, twenty or twenty-four of this article, without the prior
consent and approval of the public service commission: Provided,
That the public service commission shall act on a request by a
public service district for approval of a contract for the
provision of engineering, design or feasibility studies within
forty-five days of receipt of the request: Provided, however, That
failure of the public service commission to act within the forty-
five days shall be considered to be an approval of the public
service district's request.
(b) Unless the properties to be constructed or acquired
represent ordinary extensions or repairs of existing systems in the
usual course of business, a public service district must first obtain a certificate of public convenience and necessity from the
public service commission in accordance with the provisions of
chapter twenty-four of this code when a public service district is
seeking to acquire or construct public service property.
Sixty days prior to making formal application for the
certificate, the public service district shall prefile with the
public service commission its plans and supporting information for
the project and shall publish a Class II legal advertisement in a
newspaper or newspapers of general circulation in each city,
incorporated town or municipal corporation if available in the
district, which shall state:
(1) The amount of money to be borrowed, or the amount of
revenue bonds to be issued: Provided, That if the amount is an
estimate, the notice may be stated in terms of an amount "not to
exceed" a specific amount;
(2) The interest rate and terms of the loan or bonds:
Provided, That if the interest rate is an estimate, the notice may
be stated in terms of a rate "not to exceed" a specific rate;
(3) The public service properties to be acquired or
constructed and the cost of same;
(4) The anticipated rates which will be charged by the
district: Provided, That if the rates are an estimate, the notice may be stated in terms of rates "not to exceed" a specific rate;
and
(5) The date that the formal application for a certificate of
public convenience and necessity is to be filed with the public
service commission.
(c) The public service commission may grant its consent and
approval for the certificate, or any other request for approval
under this section, subject to such terms and conditions as may be
necessary for the protection of the public interest, pursuant to
the provisions of chapter twenty-four of this code, or may withhold
such consent and approval for the protection of the public
interest.
In the event of disapproval, the reasons therefor shall be
assigned in writing by the commission.